18.2-268.9 - Assurance of breath-test validity; use of breath-test results as evidence.
§ 18.2-268.9. Assurance of breath-test validity; use of breath-test resultsas evidence.
A. To be capable of being considered valid as evidence in a prosecution under§ 18.2-266, 18.2-266.1, or subsection B of § 18.2-272, or a similarordinance, chemical analysis of a person's breath shall be performed by anindividual possessing a valid license to conduct such tests, with a type ofequipment and in accordance with methods approved by the Department.
B. The Department shall establish a training program for all individuals whoare to administer the breath tests. Upon a person's successful completion ofthe training program, the Department may license him to conduct breath-testanalyses. Such license shall identify the specific types of breath testequipment upon which the individual has successfully completed training. Anyindividual conducting a breath test under the provisions of § 18.2-268.2shall issue a certificate which will indicate that the test was conducted inaccordance with the Department's specifications, the name of the accused,that prior to administration of the test the accused was advised of his rightto observe the process and see the blood alcohol reading on the equipmentused to perform the breath test, the date and time the sample was taken fromthe accused, the sample's alcohol content, and the name of the person whoexamined the sample. This certificate, when attested by the individualconducting the breath test on equipment maintained by the Department, shallbe admissible in any court as evidence of the facts therein stated and of theresults of such analysis (i) in any criminal proceeding, provided that therequirements of subsection A of § 19.2-187.1 have been satisfied and theaccused has not objected to the admission of the certificate pursuant tosubsection B of § 19.2-187.1, or (ii) in any civil proceeding. Any suchcertificate of analysis purporting to be signed by a person authorized by theDepartment shall be admissible in evidence without proof of seal or signatureof the person whose name is signed to it. A copy of the certificate shall bepromptly delivered to the accused. Copies of Department records relating toany breath test conducted pursuant to this section shall be admissibleprovided such copies are authenticated as true copies either by the custodianthereof or by the person to whom the custodian reports.
The officer making the arrest, or anyone with him at the time of the arrest,or anyone participating in the arrest of the accused, if otherwise qualifiedto conduct such test as provided by this section, may administer the breathtest and analyze the results.
(1992, c. 830; 1994, cc. 359, 363; 1996, cc. 154, 952; 1997, c. 256; 1999, c.273; 2004, c. 1013; 2005, cc. 757, 840, 868, 881; 2006, c. 101; 2009, Sp.Sess. I, cc. 1, 4.)